BANT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE allegation against the petitioner is that he collected certain amounts on the asking of the Tehsildar. He collected the amounts but deposited a part of it in the office concerned and failed to deposit a petty amount of Rs. 7.89 paise for which he has been convicted under Section 409 Indian Penal Code and sentenced to undergo R.I. for two years and to pay a fine of Rs. 4,000/- failing which he was to undergo S.I. for six months. The petitioner challenged this order in appeal wherein the appellate Court has reduced the sentence of imprisonment from two years to there months and that of fine, from Rs. 4,000/- to Rs. 200/- and in default of payment thereof, he was to undergo one month R.I.

(2.) THE facts of this case do not disclose the commission of an offence under Section 409 Indian Penal Code by the petitioner. While collecting the amounts he was not acting as a public servant as he had no such authority. He was acting at the asking of the Tehsildar and this fact will not make him a public servant as such. In these circumstances, the petitioner can be said to have committed only an offence punishable under Section 408 Indian Penal Code for which he has already undergone about one month R.I. Furthermore, he has suffered his service because of this conviction. In view of all these circumstances, I think, it will meet the ends of justice if the sentence of the petitioner is reduced to that of already undergone with no fine.